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Questions and Answers
What is the purpose of an interim injunction?
What is the purpose of an interim injunction?
- To order a party to carry out an act or desist from those acts in perpetuity
- To preserve the status quo in a lawsuit
- To compel a party to do something that will cause harm or loss if it doesn't get done
- To secure quick relief from the court, pending a fuller inquiry into the situation (correct)
Which type of injunction is typically granted on an ex parte basis?
Which type of injunction is typically granted on an ex parte basis?
- Permanent injunction
- Interlocutory injunction
- Mandatory injunction
- Interim injunction (correct)
What is the main difference between an interim injunction and an interlocutory injunction?
What is the main difference between an interim injunction and an interlocutory injunction?
- The purpose of the injunction (correct)
- The party that requests the injunction
- The duration of the injunction
- The type of relief provided
Which of the following is an example of a mandatory injunction?
Which of the following is an example of a mandatory injunction?
What is the power of the court to issue injunctions outlined in Malaysia?
What is the power of the court to issue injunctions outlined in Malaysia?
What is the term used to describe an injunction that is in effect forever or until a named period?
What is the term used to describe an injunction that is in effect forever or until a named period?
When is an interlocutory injunction usually granted?
When is an interlocutory injunction usually granted?
What is the purpose of a permanent injunction?
What is the purpose of a permanent injunction?
What is the primary purpose of a prohibitory injunction?
What is the primary purpose of a prohibitory injunction?
In which situation would a Mareva injunction be appropriate?
In which situation would a Mareva injunction be appropriate?
What is a necessary condition for an application for an injunction to be accepted?
What is a necessary condition for an application for an injunction to be accepted?
What type of injunction allows the applicant to enter the defendant's premises and seize evidence?
What type of injunction allows the applicant to enter the defendant's premises and seize evidence?
What is the purpose of the balance of convenience test in injunction applications?
What is the purpose of the balance of convenience test in injunction applications?
In what circumstances would a court be more likely to grant an interim injunction?
In what circumstances would a court be more likely to grant an interim injunction?
What is a potential consequence of making a frivolous application for an injunction?
What is a potential consequence of making a frivolous application for an injunction?
What is the general approach to applications for injunctions?
What is the general approach to applications for injunctions?
What type of injunction is typically granted when there is a good chance of the tortious behaviour being repeated?
What type of injunction is typically granted when there is a good chance of the tortious behaviour being repeated?
In which case was an injunction granted to prevent the defendant's crane from trespassing onto the claimant's land?
In which case was an injunction granted to prevent the defendant's crane from trespassing onto the claimant's land?
What is the primary purpose of interim injunctions?
What is the primary purpose of interim injunctions?
Why was the application for an injunction rejected in Armstrong v Sheppard and Short Ltd?
Why was the application for an injunction rejected in Armstrong v Sheppard and Short Ltd?
What is the main difference between a quia timet injunction and a final injunction?
What is the main difference between a quia timet injunction and a final injunction?
What must be shown in order to obtain a quia timet injunction?
What must be shown in order to obtain a quia timet injunction?
What type of injunction is used when the claimant fears a tortious action will occur, but it has not yet taken place?
What type of injunction is used when the claimant fears a tortious action will occur, but it has not yet taken place?
What is the primary purpose of a prohibitory injunction?
What is the primary purpose of a prohibitory injunction?
What is the name of the case that established the criteria for an interim injunction?
What is the name of the case that established the criteria for an interim injunction?
What is the main characteristic of a final injunction?
What is the main characteristic of a final injunction?
In which case did the defendant come to the claimant and ask for permission to build a sewer and manhole cover at the rear of the claimant's property?
In which case did the defendant come to the claimant and ask for permission to build a sewer and manhole cover at the rear of the claimant's property?
What is the main reason why the court grants an injunction?
What is the main reason why the court grants an injunction?
Why are interim injunctions used with restraint?
Why are interim injunctions used with restraint?
What type of damage must be shown in order to obtain a quia timet injunction?
What type of damage must be shown in order to obtain a quia timet injunction?
What type of injunction is used when a tortious event has already occurred and the claimant wants to prevent it from happening again?
What type of injunction is used when a tortious event has already occurred and the claimant wants to prevent it from happening again?
What is the purpose of a quia timet injunction in a defamation case?
What is the purpose of a quia timet injunction in a defamation case?
What is the primary objective of remedies in torts?
What is the primary objective of remedies in torts?
What type of remedy does re-caption of goods fall under?
What type of remedy does re-caption of goods fall under?
What is the difference between re-caption of goods and specific restitution?
What is the difference between re-caption of goods and specific restitution?
What is the purpose of the distress damage feasant remedy?
What is the purpose of the distress damage feasant remedy?
What is the term for the removal of a nuisance that is causing harm to a person's property?
What is the term for the removal of a nuisance that is causing harm to a person's property?
In what circumstances can a person use reasonable force to remove a trespasser from their property?
In what circumstances can a person use reasonable force to remove a trespasser from their property?
What is the key characteristic of an extra-judicial remedy?
What is the key characteristic of an extra-judicial remedy?
What type of remedy is re-entry on land?
What type of remedy is re-entry on land?
Study Notes
Injunctions in Tort Law
- An injunction is a court order that directs a person to do or refrain from doing a specific act to prevent harm or injury to another party.
- In Malaysia, the power of the court to issue injunctions is outlined in the Specific Relief Act of 1950.
Types of Injunctions
- Interim injunction: a temporary order that directs a party to do or refrain from doing an act, pending a fuller inquiry into the situation.
- Interlocutory injunction: aims to preserve the status quo in a lawsuit by ordering a party to do or refrain from doing an act, pending the outcome of the matter.
- Permanent injunction: a court order that directs a person to do or refrain from doing an act in perpetuity or until a specified period.
- Mandatory injunction: compels an action, usually to prevent harm or loss.
- Prohibitory injunction: directs a party to stop doing an act, usually to prevent continuing harm.
- Mareva injunction: stops a defendant from transferring or selling assets until the case is concluded.
- Anton Piller injunction: allows a party to enter premises and seize evidence or infringing material.
Conditions for Granting Injunctions
- There must be serious issues to be tried.
- The matter before the court is urgent (in cases of interim injunctions).
- Damages alone are not a sufficient remedy.
- The balance of convenience lies in favor of granting an injunction.
- The applicant must undertake to pay damages if the application is found to be frivolous.
Prohibitory Injunctions
- Used to prevent interference with a claimant's rights.
- Granted where there is a good chance of the tortious behavior being repeated.
- Not granted if the tortious behavior is trivial or if the defendant is not at fault.
Further Injunction Subtypes
- Quia timet injunctions: used when the claimant fears a tortious action will occur, but it has not yet taken place.
- Final injunctions: granted after a tort has been committed, but where it is likely that the tort will reoccur.
- Interim (or interlocutory) injunctions: apply while the tortious activity is ongoing or where there is a high chance of it reoccurring in the near future.
American Cyanamid v Ethicon
- Criteria for an interim injunction are found in this case.
- The court granted an interim injunction against Ethicon, preventing them from using a surgical suture at issue until the trial of the patent infringement.
Remedies in Tort Law
- Judicial remedies: require due process of law and involve the courts.
- Extra-judicial remedies: where the law is taken into one's own hands by the parties, without involving the courts.
- Examples of extra-judicial remedies include:
- Re-entry on land: the owner can remove the trespasser and re-enter their property using reasonable force.
- Re-caption of goods: the owner is entitled to recapture their goods from any person who has unlawful possession of them.
- Abatement: the injured party can remove the object causing nuisance.
- Distress damage feasant: the owner of the property can take possession of the beasts that are causing damage to their property until they are compensated for the loss suffered.
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Description
Learn about injunctions, a court order that directs a person to do or refrain from doing a specific act to prevent harm or injury, and its types in Tort Law, specifically in Malaysia.
